Protecting Multi-Billion Dollar Pharmaceutical Investments

Global pharmaceutical industry leaders rely on Marshall, Gerstein & Borun to handle the patent prosecution and infringement litigation for ground-breaking products that transform millions of lives.

We are proficient in both traditional, chemical-based pharmaceuticals (e.g., small molecules) and nucleic acid-based and protein-based therapeutics and diagnostics. Marshall, Gerstein & Borun has worked collaboratively with clients to develop strategies for protecting prodrugs, modified and second-generation therapeutics, and pharmaceutical formulations. Our team has prepared and prosecuted to issuance numerous patent applications relating to antibody and hybridoma technology, immunological-based therapeutics and diagnostics and vaccines.

If you focus on the development of pharmaceutical products, you know that the process of going from lab to market can be lengthy and complex. We understand the pharmaceutical patent process from the viewpoint of lawyers who are trained in chemistry, biochemistry, chemical engineering and the biological sciences, providing patent counseling relating to the interface between patents and the drug and biologic applications.

Case Studies

  • Marshall, Gerstein & Borun worked closely with InterMune, Inc. to build an extensive patent portfolio relating to Esbriet®, which is approved in Europe and Canada for the treatment of adults with mild-to-moderate Idiopathic Pulmonary Fibrosis (IPF). The Firm pursued a strategy of accelerated examination in the U.S. and Europe. As a consequence, InterMune has a number of granted patents in the U.S. and Europe relating to Esbriet's formulation and its safe and efficacious use in IPF patients. Marshall, Gerstein & Borun also handled the IP due diligence relating to InterMune's acquisition by a global pharma company for $8.3 billion.
  • Marshall, Gerstein & Borun works collaboratively with clients to protect not just the original drug, but also the valuable inventions that arise during development, including pro-drugs, modified therapeutics, clinical indications, treatment regimens and pharmaceutical formulations. We provide valuable counseling relating to the interface between patents and new drug/biologic applications. The Firm works with you over the long term to develop strategies for protecting second-generation therapeutics while maximizing protection for the first generation drugs.

Representative Clients

  • BioMarin Pharmaceutical Inc.
  • InterMune, Inc.
  • JRS Pharma LP
  • Merck Serono
  • Onyx Pharmaceuticals
  • Opko Health, Inc.
  • Takeda Pharmaceuticals International GmbH